The Future of Delta 8 THC’s Legality in California

Delta 8 California

California finally regulated hemp products under AB 45, but brought significant changes to the delta 8 THC industry. 

Is delta 8 legal in the Golden State? Can you order it in the mail? If so, where to buy it safely? Let’s take a look. 

Last Update: August 21, 2023

Article Summary

  • Hemp-derived delta 8 THC products are strictly regulated in California.
  • The state doesn’t allow the use of synthetically derived THC in hemp products.
  • State law also limits the ‘total THC’ amount to 0.3% THC and includes delta 8, delta 9, and delta 10 THC into the definition of THC.
  • You can still buy delta 8 THC hemp products in California, but they have to fit the new regulations.
  • Mr. Hemp Flower offers an array of hemp-derived delta 8 THC products that we ship to our consumers in states where this cannabinoid is legal.

Is Delta 8 THC Legal in California? 

Yes, hemp-derived delta 8 THC is legal in California but is strictly regulated.  

California passed AB 45 in 2021, which permitted and regulated the manufacture and retail sale of hemp-derived products.

The bill allows the sale of hemp-derived products, including CBD, in food, beverages, dietary supplements, and cosmetics. It also excludes cannabinoids produced through chemical synthesis from the definition of hemp.

In addition, it includes THCa and other THC isomers (delta 8, delta 9, and delta 10) in the definition of THC.

So, under California’s law, hemp-derived products can contain a total THC concentration of no more than 0.3%. Because the bill refers to naturally derived delta 8 THC, these provisions put most delta 8 THC products on the market in the prohibited category.

Where to Buy Delta 8 THC in California?

The best option is to order delta 8 THC products online if you live in California.

You can also find delta 8 THC in several places in California, such as dispensaries, vape shops, and hemp CBD shops. Avoid buying them from gas stations and convenience stores.

If it’s your first time getting D8 from a local company, make sure to request a lab test or Certificate of Analysis or even do a background check on the manufacturer.

Can I buy D8 online in California?

Californians can order a range of delta 8 THC products online because it’s easy and convenient. Ordering in the mail is perfect if you’re all for getting a consistent supply shipped directly to your home. 

The delta 8 THC products we offer at Mr. Hemp Flower are made using CBD extracted from hemp compliant with USDA’s testing rules.

We manufacture our own products under the highest possible standards. Every product comes with a Certificate of Analysis and an ingredient list to help you make an informed decision. 

Cannabis in California

Both recreational marijuana and hemp are legal in California.

Unlike states like Florida, California has some of the stricter laws on CBD products in the nation. Certain companies refrain from selling their products to this state due to harsh, complicated tax issues, compliance with other provisions, etc.

The state doesn’t have any possession limits placed on hemp products. You need to be at least 21 years old to purchase D8 products made from hemp. 

What Is Delta 8 THC? 

Delta-8 THC is a minor cannabinoid that naturally occurs in hemp in tiny concentrations. This cannabinoid is different from delta 9 THC, the most abundant and intoxicating cannabinoid in cannabis. It’s, in fact, an analog of THC it has a similar molecular structure with a few important differences.  

Both tetrahydrocannabinols stimulate appetite, reduce nausea, and soothe pain, but Delta-8 exhibits milder psychotropic potency than THC when inhaled. Most D8 products on the market are made from hemp-derived cannabidiol (CBD). Manufacturers extract, isolate, and convert CBD into D8 THC. 

When inhaled, delta 8 THC binds to the CB1 receptor, similar to traditional THC. The CB1 receptor mediates the psychotropic effects of THC. However, due to its slightly altered molecular structure, D8 produces a “clear-headed” high without the anxiety and paranoia often caused by delta 9 THC.  

Delta-8 THC and Federal Law

The situation with delta 8 on a federal level is a bit tricky for two main reasons:

First, the 2018 Farm Bill legalized hemp as a non-intoxicating, nurturing plant that doesn’t get the user stoned. The same premise was true for CBD and all hemp-derived products: they can’t get the user high because they contain less than 0.3% THC. 

Everything seemed to be going well as people started to embrace hemp CBD, and most states in the country permitted its use and possession. That is until D8 started making waves across the United States. Under the Farm Bill, all hemp-derived cannabinoids are legal, including the very tiny concentration of delta 8 THC. D8 is present in the hemp plant in less than 0.1%.

As you may know, this concentration of D8 in hemp is not enough for labs to extract and create products with it. Therefore, they use the process of isomerization (converting one cannabinoid into another) to create delta 8 THC from hemp-derived CBD. As you may tell, there’s a legal loophole here that some states closed by banning D8 altogether, while others accepted it as part of their hemp programs. 

This brings us to the second point of this argument: Is D8 that’s been created from CBD a “synthetically derived” cannabinoid? The Federal Analogue Act (FAA) from 1986 states that drugs with a similar chemical structure that have a comparable effect to that of a controlled substance, and are intended for human consumption are considered Schedule I or II controlled substances.

But the FAA intended to combat synthetically made “designer drugs,” like Spice and K2, which are laboratory chemicals that have nothing to do with the cannabis plant. 

Delta 8 THC, on the other hand, is made using hemp-derived cannabidiol and is a real tetrahydrocannabinol present in the hemp plant. Many states are in the process of defining “synthetically derived” cannabinoids, so there will be no room for interpretation in D8’s case.    

Bottom line

Unlike other states in the nation, California has stricter hemp CBD regulations that heavily rely on federal laws. Despite all of this, D8 products are readily available in The Golden State, and you can buy them locally or online. 

Delta 8


Yes, you can buy hemp-derived D8 legally in California. D8 products are sold in CBD shops, dispensaries, and online.

The best places to buy are local CBD dispensaries. You can also order it online safely.

Yes, you can order D8 products online. Most online shops ship to all D8 friendly states, including California.

No, so far, twelve states explicitly banned D8, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, and Utah.

Yes, Delta-8 THC is safe. It’s even considered safer than Delta-9 because it doesn’t exhibit the same side effects and intoxication. The most important thing when buying D8 is to check the origin of the product and ask for lab tests.

Read our legal disclaimer HERE. While we try to stay as up to date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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